By Pokémon is one of the most recognizable and profitable franchises in the world, making it an attractive choice for businesses looking to create themed products. However, the Pokémon brand, characters, and related assets are intellectual property (IP) owned by The Pokémon Company (a joint venture of Nintendo, Game Freak, and Creatures Inc.). Using these characters without proper authorization can lead to copyright infringement, trademark violations, and legal penalties.
So, how do you legally use Pokémon characters on your merchandise? The answer lies in brand licensing.
Who Owns Pokémon Rights?
Pokémon’s IP, including names, characters, logos, and designs, is owned and managed by The Pokémon Company International. This means that any commercial use of Pokémon content requires explicit permission from the rights holders. Even slight modifications of characters or names can still constitute IP infringement.
Steps to Legally Use Pokémon Characters on Merchandise
If you want to sell Pokémon-themed products without facing legal trouble, follow these steps:
Understand the Scope of Rights
Pokémon assets are protected under copyright (for character designs and artworks) and trademark (for names, logos, and branding). Any use for commercial purposes—whether on apparel, toys, or digital products—requires licensing approval.
Apply for an Official Pokémon License
To legally use Pokémon characters, you need to obtain a licensing agreement from The Pokémon Company. This typically involves:
- Submitting a Proposal – Explain your product idea, target market, and distribution plan.
- Review & Approval – The Pokémon Company evaluates whether your product aligns with its brand values.
- Signing a Licensing Contract – This includes royalty fees, quality standards, and compliance terms.
Keep in mind that Pokémon licensing is highly selective and usually granted to established brands with strong distribution channels.
Pay Royalties & Meet Quality Standards
Licensing agreements usually include royalty payments (a percentage of sales) and strict quality control. This ensures that products maintain Pokémon’s brand image and meet consumer expectations.
Avoid Unauthorized Fan Merchandise
Selling unlicensed Pokémon products on platforms like Etsy or Amazon is illegal and can result in takedowns, lawsuits, and fines. Even if you label them as “fan art,” commercial sales without a license still violate IP laws.
Common Misconceptions About Pokémon Licensing
- “If I draw it myself, it’s legal.”
False. Even original drawings of Pokémon characters are based on copyrighted designs. - “As long as I say it’s fan-made, I’m safe.”
False. Disclaimers do not override copyright laws. - “Small-scale sales don’t matter.”
False. The Pokémon Company actively monitors unauthorized merchandise and enforces legal action.
What Are the Alternatives?
If getting an official Pokémon license seems challenging, consider these options:
- Create Original Characters – Inspired by Pokémon but legally distinct.
- Collaborate with Licensed Partners – Sell through companies that already hold Pokémon licensing rights.
- Offer Personal Use Items – Non-commercial use (like personal gifts) is generally acceptable.
The Cost of Infringement
Unauthorized use of Pokémon IP can lead to takedowns, account bans, and legal claims. In severe cases, companies can face lawsuits and substantial financial penalties. The safest route is always to secure an official license.
Final Thoughts
Using Pokémon characters for merchandise without permission is illegal and risky. The correct approach is to go through official licensing channels or create original designs. While the process may seem complex, it ensures compliance and protects your brand from legal trouble. If you want your products to carry Pokémon’s global appeal, licensing is the way to go.